Applicant
Ernslaw One Limited
Case number(s)
201720095
Decision date
Type
Decision
DecisionConsent declined
Section 12(a) Overseas Investment Act 2005
Decision MakerDelegatee for the Minister of Finance (consent approved)
Minister for Land Information (consent declined)
Decision Date25 July 2020
Pathway(s)Sensitive land – substantial and identifiable benefit to New Zealand
InvestmentAn overseas investment in sensitive land, being the Applicant's acquisition of a freehold interest in approximately 627 hectares of land (subject to final survey) located in the Waihopai Valley, Marlborough.
Consideration$950,000
ApplicantErnslaw One Limited
Malaysia (89.48%)
Singapore (10.52%)
VendorGeoffrey Ian Tudor Evans, Elizabeth Mary Evans and Wain & Naysmith Trustees No. 3 Limited as trustees of the Geoffrey Evans Family Trust
New Zealand (100%)
Background

The Applicant is a forestry and timber processing business operating in various locations throughout New Zealand.

The land is a planned subdivision of a larger sheep and beef farm which the vendor has identified as being uneconomic for farming activities and which the Applicant wishes to convert to forestry activities (to be used in conjunction with an adjoining forest).

For consent to be granted, Ministers needed to be satisfied that the proposed investment would result in substantial and identifiable benefit to New Zealand.

The Delegatee for the Minister of Finance, Hon Nash was satisfied that the investment would result in substantial and identifiable benefit to New Zealand, which is a criterion for consent under the Overseas Investment Act. However, the Minister for Land Information, Hon Sage was not satisfied.

The Overseas Investment Act provides for two Ministers to each independently decide an application like this. Consent is only granted if both Ministers grant consent.

More informationDeirdre Norris
Glaister Ennor
PO Box 63
AUCKLAND 1140